High Court · 2025

Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavi! filed in support of the petition, the High Court may be pleased to puspend the impugned Manual Tender Notification vide Qa$g No.C1/122(8)1202.1-RM:NZB dated. 03.02.2025 issued by the 2nd (espondent to extent qf petitioner's case rs concerned, by directing the respondelts tO extgld the licepse !s the petitronpr for remgining igtiod of five (5) years frgm O1 01.2Q20 pnryards in respe,;t of pQT Stall t{o.19 of lndira RTC Bus Stand, Banswada, Kamareddy District, which was constructed under DOT (Deposit, gpeiate anfl T;qpsfer) scheme, in the year,2007, pending disposal of the writ petilion. Cqunsel for the Petitionqr; SRI MOHD MQIN AHMED aUADRI Qounsql for the Respondents: SRI R.ANURAG, SCI FgR TSBTC Thq CqUrt made the following: ORDER , -\'a) HON'BLE MRS JUSTICE SUREPALLI NANDA w T PETI ON o. 4t24 0 F 2025 o ER: Heard Sri Mohd. Moin Ahmed Quadri' learned counsel appearing on behalf of the petitioner and Sri R'Anurag' learnedStandingcounselforTSRTC,appearingonbehalf of the resPondents. 2 The titi ner c d he r er as under I ISSUC "...to one in a writ, order or direction more the nature of Writ of Mandamus pa rticu la rlY declaring the impugned Manual Tender Notification vide Case No.C1lt22(B)/2024-RM:NZB dated 03'O2'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.19 of Indira RTC Bus Stand' Banswada, Kamareddy District, which was constructed under DOT (Deposit, Operate and Transfer) scheme' in the year, 2007, without reconsidering the request of the petitioner for extension of lease, and contrary to directions issued by this Hon'ble Court in WP No.1B56/2025 dated:24. 07'2025, is highlv illegal' arbitrary, unjust, unconstitutional, and in violation of principles oF natural justice, and set aside the same to extent of petitioner's case is concerned' and consequently direct the respondents herein to extend the license perlod for remaining period of five (5) years \\ :J 2 SN,J \\.p 4124 2025 in respect of subject stall, and to pass such other order or orders as this Hon'ble Couft may deems fit and proper in the circumstances of the case.,,

3. The case of the petitioner, in brief, is that the petitioner is the lease holder of the shop of Indira RTC Bus Stand, Banswada and he is cloing business at road margin of RTC Bus Stand. In the year, 2007, to remove the road margin vendors and for the expansion ,rf road, the Government promised the petitioner to allot shops in the newly constructed building under DOT Scheme for a period of twenty (20) years, for wh ich the petitioner agreed. After completion of construction of shops, initially, the petitioner was granted the lease for a period of five (5) years on a fair monthly rent and the said rease was extended from time to time, and was valid till the end of December, 2024. It is further the case of the petitioner that the petitioner is further entitred for getting remilining five (5) years lease i.e., upto, December, 2029 as per resolution No.133/2007, dated 24.10.2007, however, the said lease is not being extended. Though this Court vide its order dated 24.07.2025 in w.p.No.1856 0f 2025, directed the respondents to re-consider the case of the petitioner for extension of lease for further period of five years up to j , 3 SN,J wJt24202s December, 2029 within a period of two (02) weeks from the date ofthesaidorderandtillsuchtime,therespondentswere directed not to dispossess the petitioner from the subject stall' the responde nt-corporation issued Manual Tender Notification vide Case No.C1l122(B) /2O24-RM'.NZB dated 03'02'2025 calling up fresh tender in respect of the DOT Stall No'19 of Indira RTC Bus Stand, Banswada, Kamareddy District' Aggrieved by the said action of the respo nd en t-corporation, which is in clear ,{' violationoftheordersofthisCourt,dated24.ot.2025passedin W.P.No.1856 of 2025, the petitioner filed the present writ petition.

4. Sri R.Anurag, learned Standing Counsel for TSRTC appearing on behalf of the respondents placed on record the proceedings dated 07.07-2025 vide No'LC/785(70)/2024- RM:NZB of the Regional Manager, Nizamabad i'e'' respondent No.2 herein and contends that the order of this Court dated 24.01.2025 passed in W.P.No.1856 of 2025 had been duly complied with and the request of the petitioner for extension of lease period of DOT stalls for another five years in accordance to law had be.en reconsidered by the respondent corporation d u ly considering the specific plea of the petitioner that the petitioner ,r r(. 4 SN,J Yp.4124 2025 had contributed certain amounts for construction of shops and appropriate reasoned orders had been passed and to ensure transparenr:y and fairness, it is just and necessary that auction needs to be conducted and the request of the petitioner to run petitioner's business for a further period of five years, cannot be accepted, s Takin tnto consi deration: o a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for TSRTC appearing on behalf of the respondent-corporation and, b) The proceedings of respondent No.2 dated 07.O1.2025 vide No.LCl785(7O)/2O24-RM:NZB issued in compliance to the orders of this Court dated 24.O1.2025 passed in W.p.No.1856 of 2O25, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 07.OL.2025 issued by the respondent No.2-Regional Manager, TGSRTC, Nizamabad. In view of the fact as borne on record that the proceedings of the respondent 5 SN,J w_4t24]02s No.2 dated 07.OL.2O25 had been issued in pursuance to the petitioner approaching this Court by filing the present writ petition, a reasonable period of one (O1) week from the date of receipt of a copy of this order is granted to the petitioner to pursue the petitioner's remedies. The respondents are directed not to take any coercive steps against the petitioner for a period of one (O1) week from the date of receipt of a copy of this order to enable the petitioner to pursue the remedies as are available to the petitioner against the order of the 2nd respondent dated

07.OL.2O25. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/-T. JAYASREE ASS T NT REGISTRAR CTION OFFICER To,

1. The Managing Director, Telangana State Road Transport Corporation, Bus Bhavan, RTC-X-Road, Hyderabad.

2. The Regional Manager, TGSRTC, Nizamabad, Nizamabad District. 3. The Depot Mapager, TGSRTC, Bansada Depot, Kamareddy District. 4. One CC to SRI MOHD MOIN AHIVIED OUADRI, Advocate [OPUC] 5. One CC to SRI R.ANURAG, SC FOR TSRTC IOPUC] 0 Two CD Copies B6R BS y'' i ,l I i HIGH COURT DATED: 1310212025 CC TODAY ORDER ,d E STI f € {t s lgii'? ll,'l WP.No.4124 of 2025 ri. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 4/z /9 ,/t,/<5 -.1